• Healey-Driscoll Administration Awards $3.1 Million to Prevent and Reduce Pollutants from Entering Our Waterbodies
25 UCANE Interview: Representative Sean Reid, 11th Essex District
29 Legal Corner: United States Department of Justice to Use False Claims Act Against Those Who Certify Compliance with Law Despite Employing Illegal DEI Policies
33 UCANE Member Milton CAT Expands Operations with New State-of the-Art Sales/Service Facility in Stoughton, MA
41 Save the Date: UCANE’s 45th Annual Golf Classic
43 Under the Hard Hat: A n Interview with UCANE Board Member Mark Szela, Insituform Technologies
47 FAQ’s 540 CMR 4.02, 4.10 – 4.13: Relative to Safety Equipment Required for Heavy Trucks Used on State Contracts
51 Insurance Perspective: Insurance Requirements in Construction Contracts – What to Know
56 UCANE’s 2025 Scholarship Recipients
63 UCANE’s Safety Corner: Accident Analysis: How Near Misses Can Improve Overall Safety
68 MassDOT and the RMV Announcement: Truck Safety Devices Program is in Effect
69 Jacobs-McCourt Lands $99M MassDOT Project
71 Visit MWRA’s Free Drinking Water Fountain at Events this Spring Through Fall
73 Technology in Construction:
Why Contractors Leverage Technology to Streamline Payment and Compliance Workflows
77 Spotlight on Cape Cod: Falmouth Said ‘Yes’ to a $60 Million Sewer Project. Who’s Going to Pay For It?
Editors: Joseph F. Nolan, Associate Editor: Suzanne Hatch
Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan
Construction Outlook Chair: Brian Cooney
Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Lisa French Kelley
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UCANE Leadership Remains Committed to Policy While Supporting Jobsite Safety and Our Industry’s Future
As June marks the halfway point of 2025, it’s remarkable how quickly the year is flying by. I hope this message finds all of our members enjoying a safe and productive construction season. With warmer weather comes increased activity on our job sites, and UCANE remains committed to supporting every contractor, associate, and industry partner in the field.
One area we never lose sight of is safety. This month, UCANE is once again proud to provide training protocols to assist our members in conducting on-site trench safety training during the National Trench Safety Stand Down week (June 16–20). This annual effort continues to be one of the most important safety initiatives in our industry. UCANE has been a recognized leader in this campaign for many years, and we’re proud to report that thousands of employees across the region are trained annually through this program. The commitment our members show to protecting their workers speaks volumes about the values that define our association.
In addition to trench safety, we are also drawing attention to another critical safety initiative: truck safety compliance. On Tuesday, June 11 at 11 a.m., UCANE encourages all members to attend a virtual training hosted by the Massachusetts Registrar of Motor Vehicles in partnership with MassDOT. This session will cover the implementation and enforcement of new state truck safety regulations taking effect on January 1, 2026. These regulations will require all Class 3 and larger trucks operating under state contracts to be equipped with lateral protective devices, cross and concave mirrors, and rearview cameras. This is an important opportunity to ensure your company is informed and prepared well ahead of the January 1, 2026 deadline.
Our advocacy efforts also remain strong. In May, I had the honor of joining Executive Director Joe Nolan, Secretary Lisa French Kelley, and Jessica French on Capitol Hill to engage with members of Congress and
policy leaders. With support from our lobbyists at Banner A ssociates, we met with the offices of Representative Lori Trahan, Representative Jake Auchincloss, Senator Sheldon Whitehouse, and Congresswoman Katherine Clark, among others. We delivered a clear and united message: continued and expanded investment in water and utility infrastructure is essential for public health, economic growth, and climate resilience.
On the state level, UCANE leadership provided testimony before the Massachusetts Environmental Affairs Committee on June 2 regarding key bills that will shape future funding and infrastructure development in the Commonwealth. Engaging directly with policymakers ensures that UCANE’s voice—and the interests of our members—remain at the forefront of important legislative conversations.
Finally, I want to highlight a point of pride for our association: our scholarship program. Thanks to generous donations raised through our scholarship auction and individual giving, UCANE awarded expanded scholarships to 12 exceptional young people this year. We received more than 50 applications, a testament to the continued interest and need for this support. Please take a moment to read about this year’s recipients in this issue—they represent the future and we are proud to help them on their journey.
Wishing you all continued a productive, prosperous, and safe remainder of the construction season. Let’s keep working together, as we always have, to build a stronger industry and stronger communities across the Commonwealth and beyond. n
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Senate Passes FY26 Budget; Conference Committee to Meet
Towards the end of May, the Massachusetts Senate fi nalized its $ 61.51 billion fiscal year (FY26) 2026 budget. The FY26 Senate budget now includes $61.51 billion in total line-item spending, $70.3 million less than the House budget, $568.1 million less than the Governor’s budget, and $3.7 billion above the FY25 General Appropriations Act (GAA) signed into law last July.
As reported by the Massachusetts Taxpayers Foundation (MTF), through four days of debate, $81.1 million in new spending was added and 66 outside policy sections were added to the Senate spending plan. The Senate took action on 1,058 amendments through a combination of standalone votes and amendment ‘bundles,’ which categorically approve or reject many amendments at once. In total, 493 amendments were adopted, 371 were rejected, and 194 were withdrawn from consideration. New spending in the Senate’s fi nal budget is primarily driven by program earmarks in the areas of health and human services, economic development, and the judiciary. The Senate also added 66 policy sections during the debate process, including notable proposals related to limiting prescription drug costs, housing production, and local liquor licensing.
Key Funding Highlights for UCANE’s Areas of Interest:
• Level funding of $63.3 million for the Clean Water Trust’s contract assistance.
• No funding for the Commonwealth Sewer Rate Relief Fund.
• $5.9 million for the underground storage tank program.
• Slightly over $54 million in funding for the Massachusetts Department of Environmental Protection (MassDEP).
With the House and Senate having now completed their respective FY26 budget proposals, a Conference Committee has been formed to reconcile differences between the competing versions before the start of the 2026 fiscal year on July 1 With uncertain federal actions relative to funding for key state programs (i.e. Medicaid/MassHealth, which accounts for almost 40% of the state budget), Senate leaders have warned that it may be necessary to review budget decisions later in FY26. House leaders, for their part, remain bullish on state revenue prospects, but have also cautioned that the lack of a federal partner in Washington could impact the ability to sustain certain programs at higher amounts.
For more details on the Senate FY26 budget, please visit: https://malegislature. gov/Budget/SenateBudget
continued on page 9
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Congress Passes Resolutions to Revoke EPA’s Waivers for ACT/HDO Rules
In a move that has far-reaching implications for end-users of medium- and heavy-duty (MHD) trucks nationwide, Congress has now passed resolutions to revoke California’s authority to enforce its Advanced Clean Trucks (ACT) regulation and the related Heavy-Duty Low NOx Omnibus (HDO) rule. The rollback, which now awaits President Donald Trump’s signature at the time of this writing, directly impacts the regulatory landscape for heavy-duty vehicles—a sector critical to the construction industry.
The ACT r ule, first introduced in 2020 in California and adopted in 2021 in Massachusetts, mandated that truck manufacturers progressively increase the sales of zero-emission trucks, with the goal for 2035 to have 75% of all new Class 8 trucks be electric. Complementing this, the HDO rule, adopted within the same timeframes, required a 90% reduction in nitrogen oxide (NOx) emissions from diesel engines. For end-users of MHD trucks that rely on robust, reliable diesel trucks for hauling materials and heavy equipment, these regulations raised numerous concerns about rapid technological changes, high costs,
and the readiness of charging infrastructures.
While over 35 stakeholder groups joined together to fight for a delay in the ACT and HDO rules in Massachusetts, many of these organizations’ national associations did the same before Congress. In doing so, many national groups warned members of Congress that aggressive electrification mandates—while beneficial for reducing emissions—could result in steep price increases, supply chain challenges, and operational disruptions. Industry representatives argued that the timeline for transitioning to zero-emission vehicles under the current mandates is unrealistic for companies already managing tight schedules, slim profit margins, unproven technology and lacking infrastructure. Many national organizations also highlighted concerns about a small set of states essentially forcing market actions in states that are not following California standards.
Environmental advocates and California’s state leaders have strongly condemned the congressional actions. They argue that California's long-standing authority under the Clean Air Act to set stricter air
continued on page 11
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quality standards is essential not only to public health but also to national progress on climate change. California officials have pledged to c hallenge the repeal in court, calling the resolutions unconstitutional and a direct attack on state authority.
In Massachusetts, a dynamic to watch will be the likely court challenge to Congress’ action and the state’s earlier exercise of enforcement discretion. The MassDEP delayed the enforcement of the ACT and HDO rules to January 2027 and January 2026, respectively. It will be interesting to see whether a federal court issues a “stay” of revocation or not while the court case plays out. At that, the question will be: do states that follow the California standards try to forge ahead in the absence of a court decision.
From a broader perspective, while the congressional resolutions and state action provide temporary regulatory relief, the issue underscores a larger trend: the nation is grappling with how to balance environmental goals with the pragmatic realities of heavy industry and transportation. For its part, UCANE remains active in advocating for short- and long-term emissions strategies that are reasonable and realistic. Stay tuned for additional UCANE updates on its efforts to ensure that end-users of MHD trucks continue to have their voices heard.
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Healey-Driscoll Administration Launches New Unemployment Insurance Technology System
The Healey-Driscoll Administration announced the launch of a new, modernized system for current and future claimants seeking unemployment insurance (UI) benefits in May. Known as the Employment Modernization Transformation (EMT) project, this new system replaces the Department of Unemployment Assistance’s (DUA) old UI Online system and introduces an enhanced customer service experience featuring increased accessibility, modernized technology, and enhanced tools for fraud prevention.
The new unemployment services system builds on the Healey-Driscoll Administration’s efforts to strengthen DUA’s operations and improve customer service for impacted workers
and employers. Over the past year, DUA implemented a new call center platform, added staff capacity to significantly reduce c all wait times, co-located DUA staff at MassHire career centers regionally, enhanced program integrity efforts to increase fraud prevention and detection, and improved DUA’s online presence.
Among the improvements implemented to the system according to a press release from the Executive O ffice of Labor and Workforce Development:
• Customer Service: An additional 140 agents were added to the call center leading up to the launch, helping claimants with call times now ranging between 5 to 10
continued on page 15
minutes compared to more than 2 hours in January; claimants also now use new selfservice options that are available 24 hours a day.
• Device Usage: More claimants are accessing the system through their mobile device (56 percent) compared to desktop (43 percent) or tablets (1 percent), highlighting the use of the new mobile feature
• Claimant Feedback: DUA has received an average claimant feedback rating of 4.5 out o f 5 , w ith b enefit c laim fi ling a nd weekly certifications r eceiving t he h ighest s atisfaction.
• Language Accessibility: More than 2,200 claimants have utilized the system in Spanish, also highlighting this new language access feature; c ertification by phone c ontinues to be offered in English, Spanish, Portuguese, and Cantonese.
The EMT project is a multi-phased strategy to m odernize D UA UI system. T he fi rst ph ase
of the project launched September 2023 to provide employers and third-party administrators (TPAs) with improved functionality for managing unemployment services activities online. This latest phase focused on the claimant experience to deliver a transformational UI experience to the Commonwealth’s employers and residents to solely focus on timely and high-quality service delivery and eliminate inefficient, i neffective, o r u nnecessary b usiness processes to provide better service to customers. The Healey-Driscoll Administration is also underway with the next phase of the EMT project, from unemployment to reemployment, focused on modernizing the state’s workforce system including new digital strategies and business process improvements led by the Department of Career Services and in support of the MassHire career center network statewide.
For more information about the new system, please visit mass.gov/unemploymentservices.
The M assachusetts O ffice of C onsumer Affairs and Business Regulation (OCABR) announced that it had followed up on the Governor’s “State of the State” directive to reduce administrative and regulatory burdens. In doing so, OCABR announced that it had conducted its review to identify ways to make it easier to do business in Massachusetts and enhance the state’s economic competitiveness. The initiative, called Massachusetts Means Business, has resulted in cutting or amending one quarter of all regulations under the oversight of OCABR and its agencies.
Of note, the Divisions of Banks, Insurance, Occupational Licensure, Standards, and the Department of Telecommunications and Cable met with businesses and reviewed 150 sets of regulations. The focus was to eliminate outdated and duplicative requirements, repeal unnecessary and onerous barriers to business growth, and rescind regulations that stifle c ompetition a nd hurt M assachusetts b usi -
nesses, business owners, and consumers. In particular, the Massachusetts Means Business initiative has initially led to:
• Hoisting License Reforms. Updates to Division of Occupational Licensure (DOL) regulations w ill b enefit 5 5,000 l icensees. C hanges will increase the workforce pool, allow exam waivers for those with nationally recognized credentials, and eliminate the need for new photographs for license renewal. Some of the specific p roposals w ill r emove t he r equirement that applicants communicate in the English language; allow examination waivers for individuals holding nationally recognized credentials; eliminate the requirement that new photographs and i dentification b e p rovided f or l icense r enewal; reduce limitations on unlicensed individuals obtaining temporary permits to operate small rental equipment by allowing two permits
continued on page 19
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Legislative Update continued from page 17
within a 30-day period and remove the require ment that inspection materials be kept with hoisting equipment.
• Bank Licensing Reform. Updates to Division of Banks regulations will benefit 788 c ompanies within the financial services industry. Changes include refining processes, reducing regulatory burdens, and lessening confusion around new laws.
• Overhaul of Unit Pricing. Updates to Division of S tandards r egulations w ill b enefit 15,000 grocery and retail stores. Changes will update unit price disclosure requirements that haven’t been adjusted since the 1990s to ease the burden and cost of compliance and embrace new technologies.
• Insurance Licensing Reform. Updates to Division of Insurance regulations will benefit 1,400 licensed insurance companies and approximately 200,000 individual insurance producers. Changes include eliminating the requirement to submit paper filings or via c omputer disc and expediting the filing process.
• Streamlining Joint Regulations with the Department of Telecommunications and Cable (DTC) and Department of Public Utilities (DPU). Changes to rulemaking will benefit over 100 communication and electric companies and streamline the joint regulations that govern pole attachments in Massachusetts.
As mentioned in a previous Construction Outlook magazine, the Healey-Driscoll Administration is also modernizing OCABR licensing systems to save time and costs, improve license management, eliminate paper processing, and increase transparency for licensees, consumers, and employees. Foremost among the initiative, the DOL is also actively executing a three-year capital project to create a single, modern system for licensing, permitting, and inspections, making these processes easier for users. The new system will launch first for Real Estate and Plumbing board licensees in June 2025. The project involves c ollaboration across the E xecutive O ffice of Economic Development, the E xecutive O ffice of Administration and Finance, and the Executive Office of Technology and Security Services (EOTSS) secretariats to replace several outdated technology platforms.
Learn more about Massachusetts Means Business at: www.mass.gov/massmeansbusiness.
continued on page 21
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Healey-Driscoll Administration Awards $3.1 Million to Prevent and Reduce Pollutants from Entering Our Waterbodies
It was a busy month for the Healey-Driscoll Administration as the MassDEP announced another round of grant awards under the nonpoint source grant program. In particular, the MassDEP announced that it had awarded $3.1 million in grants to support projects that prevent, control, or reduce nonpoint source (NPS) pollution in our waterbodies.
According to the MassDEP press release on the same, NPS pollution occurs when rainfall or melting snow picks up and carries away natural and human-made pollutants, such as fertilizers, herbicides, construction sediment, nutrients and bacteria from animal waste, and eventually deposits those pollutants into our lakes, rivers, wetlands, coastal waters, and ground waters. There are many types of NPS pollution that can impact our waterways. These grants help municipalities, tribal nations, regional planning agencies, and public and private entities address NPS pollution across Massachusetts.
The 10 grants awarded are: Mashpee Wampanoag Tribe, Mashpee, MA
($700,000). This project will reduce persistent water quality degradation in Santuit Pond due to excessive in-pond nutrient loading by sequestering phosphorus over a 145-acre area of sediment where anoxia occurs most frequently.
Mystic River Watershed Association, Arlington, MA ($869,640). The Mystic River Watershed Association will take a strategic, watershed-based approach to construct a total of 65 infiltration trenches in six municipalities in the Mystic River watershed, offering cost-effective phosphorus reduction in a highly urbanized setting.
Town of Monson ($203,965). This project will improve water quality and ecological conditions for Chicopee Brook by installing stormwater BMPs at Cushman Field and support improved landscape management at Veterans Field.
Barnstable County Dept. of Health and Environment-Wastewater Division ($416,997). This project will install 25 urine diversion (UD) systems in nitrogenimpaired watersheds. The applicant will document ac -
continued on page 23
tual nitrogen load reductions by watershed and generate performance data of UD systems to support the inclusion of UD as a general use nutrient management strategy.
Massachusetts Association of Conservation Districts, Westford, MA ($455,125). The Massachusetts Association of Conservation Districts will build on a recently completed federally funded project to engage farmers in the implementation of BMPs to reduce contaminant runoff to impaired waterbodies in Western Massachusetts.
City of Pittsfield ($151,944). The funds will support the implementation of the West Branch Housatonic River Watershed-Based Plan (WBP). This project will install a stormwater BMP as part of a newly designed community park in the West Side neighborhood in Pittsfield, addressing listed impairments for trash, debris, nitrogen, and pathogens in the West Branch of the Housatonic River and enhance the environmental health of the local community.
Berkshire Regional Planning Commission (BRPC), Pittsfield, MA ($100,000) Pittsfield, MA. Through this project, BRPC will conduct a regional NPS implementation project development via a Regional NPS Coordinator Program for Berkshire County. BRPC will carry out NPS-focused capacity-building work in
and for local communities to change the perception of the rivers from liabilities to assets, and to meaningfully engender environmental stewardship.
Southeastern Regional Planning and Economic Development District (SRPEDD), Taunton, MA ($100,000). This project will facilitate regional watershed planning efforts to address nitrogen and other sources of NPS pollution that impact Buzzards Bay watershed communities in the SRPEDD regional planning area.
Martha’s Vineyard Commission ($100,000). This project will establish an island-wide communications network of local and regional water resource stakeholders, establish a Regional NPS Coordinator to participate in ongoing watershed-based planning, and establish an education and outreach program that will focus on engaging island youth, as well as training volunteers for water quality sampling.
Geosyntec Consultants, Inc. ($22,252). This project will build on the success of the Massachusetts Watershed-Based Plan web-based tool (WBP Tool). The funds will provide technical and programmatic support to the MassDEP NPS Management Section in the Watershed Planning Program for the WBP Tool.
For more information about the variety of grants available for watersheds and water quality, please visit: https://www.mass.gov/info-details/grants-financial-assistance-watersheds-water-quality#overview. n
Representative Sean Reid (11th
Essex District)
Senator Sean Reid is proud to represent the 11th Essex District, which includes parts of Lynn and the Town of Nahant—a community he was raised in and still calls home. His path into government was rooted in lived experience as someone who benefitted from the dedicated public service of others. Growing up, he faced a number of challenges, including housing insecurity and witnessing his parents’ struggles with substance use. He was able to overcome these hurdles thanks to the strength and support of his community, which inspired him to dedicate his life to giving back.
His career in government began working for his State Senator, Brendan Crighton, who soon became Senate Chair of the Joint Committee on Transportation. That role gave him early insight into the critical importance of infrastructure—from roads and bridges to transit systems—and the ripple effect it has on economic growth, safety, and opportunity. He later was elected to the Lynn School Committee, where he gained a firsthand understanding of the complexities involved in capital projects, school facilities, and long-term infrastructure planning. These experiences led to him running for his current position.
As costs continue to rise and federal aid decreases, please give your thoughts on how the state will continue to support local aid to cities and towns to help support basic municipal services, specifically water, wastewater, and underground utility infrastructure.
With inflation driving up project costs and federal funding sources beginning to dry up, it’s more important than ever for the state to step up. We must continue to rethink and make historic investments in Chapter 90, increase unrestricted local aid to give municipalities the flexibility they need, and expand targeted grant programs that support a wide range of projects across diverse communities. At the same time, we need to develop sustainable, long-term state-level funding mechanisms to address critical infrastructure needs—especially for water, wastewater, and underground utility systems. These aren’t optional investments; they are the foundation of public health, housing development, economic growth, and climate resilience.
Q: Q: A:
Representing the 11th Essex District comprised of parts of the City of Lynn and the Town of Nahant, what are the biggest challenges for your district and the accompanying region with regard to continued economic growth?
For our region, the biggest challenges to sustained economic growth include aging infrastructure, limited access to workforce housing, and the need for stronger regional transit connectivity. We have a rich industrial history and incredible potential, but we need strong partnerships to unlock it. That means investing in projects like the Lynn Commuter Rail station, expanding job training and workforce development programs, and supporting mixed-use developments with realistic, inclusive housing options that revitalize underutilized waterfront and downtown land. These are the kinds of investments that create immediate construction jobs and long-term economic opportunity for the region.
At the same time, we must also strengthen our coastal resilience. Communities like Nahant—entirely surrounded by water and connected to the mainland by a single causeway— and major planned developments along the Lynn waterfront face increasing vulnerability from sea level rise and storm surge. For example, developers in Lynn have committed to making historic investments at the South Harbor site, a transformative project with enormous potential for the city and region. However, one of the key challenges we’re currently working through is securing the funding necessary to restore and reinforce the site’s coastal infrastructure. Coastal resilience and economic development must go hand in hand if we want to ensure long-term growth that is both inclusive and sustainable
continued on page 27
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The #InvestInWaterMA campaign, sponsored by UCANE, highlights the importance of water infrastructure to a wide variety of industries. Can you share a sampling of some of the specific industries in your district that benefit from our investments in water.
Lynn has a diverse and growing economic base, including healthcare, food production, and small manufacturing—all of which rely heavily on modern, reliable water infrastructure. Whether it’s clean water for hospitals and clinics, high-volume usage in food processing facilities, or industrial needs in light manufacturing, these sectors depend on strong systems to operate and grow. We’re also working hard to attract more industries like advanced manufacturing and biotechnology, which would be a natural fit given our geography, available workforce, and affordability compared to the Greater Boston area. But making that vision a reality requires investing in the infrastructure that modern businesses expect.
Additionally, King’s Beach in Lynn has suffered for years from poor water quality, leading to frequent closures and long-standing concerns. When we fail to protect our natural resources, it’s not just an environmental issue—it’s an economic one. While not tied to a single business, these conditions have a real and lasting impact on our region. They shape how people view our community—deterring investment, limiting public use of the shoreline, and making it harder to attract new businesses or residents. Restoring King’s Beach isn’t just about recreation or public health; it’s about reclaiming one of our most valuable assets and ensuring our coastline becomes a catalyst for opportunity, not a barrier to growth.
Can you share your thoughts on how the construction industry might be able to meet its growing workforce needs as older members of the industry retire?
We need to expand pathways into the trades by investing in vocational-technical education, apprenticeships, and workforce training programs. That requires stronger partnerships between unions, industry, schools, and the state. In my district, we’re fortunate to have institutions like Lynn Tech and North Shore Community College, but they need continued support and greater visibility to reach more students.
We also need to diversify the pipeline and show that construction offers strong wages, real career growth, and a meaningful role in shaping our communities. There’s also huge potential in the transition to green energy and sus-
tainable infrastructure. From solar installations to coastal resilience projects, there’s real money and long-term career advancement in this sector. Low-income and diverse communities that have long borne the brunt of environmental hazards deserve not only protection from future harm, but also a fair share of the economic opportunities tied to building a cleaner, more resilient future.
Can you share some of your legislative or regulatory priorities for the 2025-2026 legislative session?
There are so many bills and issues on the table this session, but some of the most pressing for our district come down to education, transportation, and climate resilience. I’m pushing for more suitable and sustained funding for school building improvements—especially in communities like Lynn, where the average school is nearing a century old and simply not built for today’s educational needs. On transportation, we’re finally seeing momentum around electrifying the commuter rail, and I want to make sure our communities benefit from a more modern, reliable, and sustainable transit system. And with climate change already hitting coastal areas like Lynn and Nahant, we need more funding and support for resilience—things like shoreline protection, green infrastructure, and long-term planning that puts us ahead of the curve instead of constantly reacting to the damage. n
Construction & Public Contracts Group, Hinckley Allen, LLP
United States Department of Justice to Use False Claims Act Against Those Who Certify Compliance with Law Despite Employing Illegal DEI Policies
Since taking office in January, the President’s Administration has made clear that it is committed to eliminating “illegal” diversity, equity, and inclusion (“DEI”) policies and practices implemented by recipients of federal funds. The federal government has since signaled that those who maintain unlawful/illegal DEI policies but nevertheless certify compliance with applicable laws may face potential legal exposure. The Administration’s policies have prompted a host of questions for contractors working in the construction industry. What is an “illegal” DEI program? Must federal contractors eliminate all DEI policies and programs in order to work on federally-funded projects? What if the contractor is working on a federally-assisted state project that includes state-law workforce equity requirements or is otherwise subject to state policies that conflict with the Administration’s policies? Must contractors seek and obtain modifications of all existing government contracts?
The answers to these questions are typically fact-intensive, require an analysis of the relevant facts and circumstances, and will vary from case to case. The legal landscape remains in flux, perhaps with more questions than answers at this point. This has led some contractors to question the real risks they face. If they continue on business-asusual, what are the realistic chances that the government targets them for enforcement? In light of a May 2025 United States Department of Justice Memorandum (the “DOJ Memo”), contractors should expect that the federal government will, in fact, use the False Claims Act to go after those who falsely certify compliance with applicable laws, including civil rights laws.
In the DOJ Memo, the Deputy Attorney General of the United States announced the DOJ’s “Civil Rights Fraud Initiative” (the “Initiative”). Under this Initiative, the DOJ has made clear that it will use
“vigorous enforcement” of the federal False Claims Act as the DOJ’s “primary weapon against government fraud, waste, and abuse.” According to the DOJ Memo, “many corporations and schools continue to adhere to racist policies and preferences – albeit camouflaged with c osmetic c hanges that disguise their discriminatory nature.” The DOJ made clear that the “federal government should not subsidize unlawful discrimination.”
In the DOJ’s view, those that falsely certify compliance – including contractors - “defraud the United States.” The DOJ is committed to “enforcing federal civil rights laws and ensuring equal protection under the law” and will use the False Claims Act to do so.
That is, the Initiative “will utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly
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Christopher Morog Partner
Robert T. Ferguson Partner
Rachel E. Greenberg Associate
Dagle Electrical Construction Corp.
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violates federal civil rights laws.” (Emphasis added). The DOJ will “aggressively pursue this work together” with a “team of attorneys.” The DOJ will also “engage with the Criminal Division” in this effort.
As an example of conduct potentially in violation of the False Claims Act, the DOJ Memo specifically referenced schools that receive federal funding, but “encourage[] antisemitism, refuse[] to protect Jewish students, allow[] men to intrude into women’s bathrooms, or require[] women to compete against men in athletic competitions.”
Notably for contractors, the DOJ Memo also specifically addressed federal c ontractors that provide certifications to the government:
“The False Claims Act is also implicated when -
ever federal-funding recipients or contractors certify compliance with civil rights laws while knowingly engaging in racist preferences, mandates, policies, programs, and activities, including through diversity, equity, and inclusion (DEI) programs that assign benefits or burdens on race, ethnicity, or national origin.”
Thus, the DOJ M emo further c onfirms that c ontractors on projects involving federal funds face the risk of potential False Claims Act exposure if they certify compliance with applicable laws while knowingly violating civil rights laws (such as by implementing an “illegal” DEI program).
To assist the DOJ in this effort, the DOJ Memo makes clear that the DOJ “strongly encourages” whistleblower lawsuits. In this regard, the DOJ “recognizes that it alone cannot identify every instance of civil rights fraud” and that, as a result, Congress has “authorized private parties to protect the public interest by filing lawsuits and litigating claims under the False Claims Act – and, if successful, sharing in any monetary recovery.” Therefore, contractors hoping to escape the eye of the government will continue to face the risk of a whistleblower action, which incentivizes private enforcement of the False Claims Act.
As a result, the time is now for contractors that perform any work on projects with federal funding to review their policies, programs, and procedures for compliance with applicable laws. Contractors should also examine their existing contracts to determine whether and to what extent steps need to be taken to bring contractors within compliance. In this regard, several federal agencies have released guidance on how they will implement the Administration’s policies, including with respect to current contracts and future procurements. Contractors should engage competent counsel in this process, as there are numerous factors to be considered. Ultimately, this review requires a deep understanding of a contractor’s business, as well as applicable legal requirements. Given the risks of significant criminal and civil exposure – including potential treble damages and penalties – contractors that are out of compliance should not assume that they will fly under the radar and avoid a government investigation or a whistleblower action. n
UCANE Member Milton CAT Expands Operations with New State-of the-Art Sales/Service Facility in Stoughton, MA
Milton CAT recently opened their fourth Massachusetts location with a new facility in Stoughton, MA. The 43,000 square foot purpose-built facility was designed to bring unmatched resources and capabilities to customers throughout the South Shore, Cape Cod, and the Islands. The new location also helps support the Milton CAT Rents store in nearby Randolph.
The new facility sits on seven acres of land, located at 207 Page Street, Stoughton, MA. “Customers really appreciate that it is designed for retail walk-in business,” said Sales Manager Tom Benedetti, “and being right off of Route 24, they talk about the convenient location, not only for our South Shore area customers but to support
the many projects going on in the greater Boston area.”
With the room for a large inventory of new, used, and rental machines, as well as a wide range of work tools, the Stoughton location is a one-stop shop for a large contractor or a local landscaper. Inside the facility is a 10,000 square foot parts warehouse with two vertical lift modules (VLMs) that store 5,500 parts, maximizing inventory capacity and reducing errors. For convenience and safety, the location also has a 3,500 square foot covered outdoor storage area to stock those parts that are in high demand during the inclement weather and winter months. Other safety and comfort features include heated floors, walkways, continued on page 35
207 Page Street, Stoughton, MA
Milton CAT continued from page 33
and loading areas inside and outside the building.
The Stoughton location has a state-of-the-art hose rebuild station stocked and equipped to build both CAT and non-CAT hose assemblies. Many times, a hose can be rebuilt while the customer waits during which time they can enjoy the coffee bar and check out the retail area stocked with the latest in Caterpillar merchandise. There is also a display area for Trimble positioning and machine control technology. The facility is designed to get customers out the door and back to work as quickly as possible, but many find themselves spending a few extra minutes exploring what is available to support their work.
With five 3 0’ x 6 0’ bays accessible through 20-foot doors, three overhead cranes, parts washing machines, a bulk fluid storage room (that filters and supplies fluids to multiple dispensing stations throughout the shop), and a tool room, the facility is equipped to handle repairs on any size equipment. An expansive, uncluttered machine load and unload area adds to the convenience and ease of machine pickup and drop-off. The service department has a designated and outfitted a equipment. To avoid contamination, one step that is taken is that every machine is cleaned in an isolated
wash bay prior to being brought into the shop. “All of these features, and the steps that we take, speak to the quality of service that we strive to provide and the respect that we have for our customer’s equipment,” comments Service Manager Nate Murphy.
The Construction Operations
According to Milton CAT Corporate Facilities Manager Brad Farrin, “The opening of the Stoughton location was the culmination of a 4-year project for Milton CAT that started in 2021 when the company purchased the property.”
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Milton CAT continued from page 35
chitects. Site construction was performed by UCANE member – and CAT equipment loyalist – D. W. White Construction, Inc. of Acushnet.
Farrin also served as Milton CAT’s project manager assisting throughout the permitting process and the design and construction period to make sure the award-winning building and the site would function perfectly for Milton CAT employees and Miton CAT customers, as well. Site construction began in the Fall of 2022.
Formerly two separate lots containing a singlestory residential home and an equipment and material storage yard, the seven-acre site required an extensive amount of earthwork, including the removal and replacement of almost 25,000 cubic yards of excavated materials. Over 5,000 cubic yards of open ledge and 2,105 lineal feet of trench rock was removed through a combination of drilling and blasting or drilling and demo-hammering. The blasted material was processed on-site to create dense grade aggregates for use throughout the site.
The two-year long site construction project also required a new sewage pump station and 850 linear feet off-site sewer force main extension to connect the new building to the Town of Stoughton’s sanitary
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sewer system. Additionally, 790 linear feet of town 6-inch water main was removed and upgraded to a new 12-inch main to properly service the new 43,000 square foot sales, service, and parts facility.
Post construction, Milton CAT hosted an open house attended by over 300 people from 76 companies. “Since we opened in October, we have started many new customer relationships that resulted from walk-in traffic,” adds Benedetti. “ The inventory and capabilities are here for people to see and the staff is ready to assist, no matter what department they continued on page 39
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D. W. White’s fleet busy transforming the Stoughton Site
PIPE RENEWAL OR REPLACEMENT, MANHOLE REHAB
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Milton CAT continued from page 37
work for.” Parts manager Jim Teal summed up how the Stoughton employees are feeling about their new home when he says, “We are excited to be here and are proud of what we have to offer customers.”
The new Milton CAT facility was honored to receive the Gold Award for New England’s best project of 2024 by the Deign-Build Institute of America (DBIA).
Brief History of Milton Cat
In 1960, Jack Milton and partner Bill Jordan founded Jordan-Milton Machinery and represented Caterpillar equipment and engines in New Hampshire and Vermont, expanding into Maine with the acquisition of Arnold Machinery Company in 1982. In 1991, Jordan-Milton acquired Southworth Machinery and the company name became Southworth-Milton. That name was changed to Milton CAT shortly after the company expanded its territory into central and western New York with the acquisition of bordering CAT dealership Syracuse Supply Company in 2004.
2025 Marks Caterpillar’s 100th Anniversary
In the late 19th century, Daniel Best and Benjamin Holt, had their own companies, and each was creating innovative lines of farm equipment and other types of machinery. Holt is credited with inventing the first track-driven tractor – the birth of the bulldozer. Meanwhile Daniel Best was making his mark by improving steam engine designs and later developing gasoline powered equipment that could work longer and faster than machines pulled by horses. Years passed and both companies grew, creating impressive machines with principal concentration on trac
-
tors and harvesters. In 1925, they combined their strengths, their designs, and their businesses and the Caterpillar Tractor Company was born. Today CAT has grown to be become the world’s leading manufacturer of construction and mining equipment, off-highway diesel and natural gas engines, industrial gas turbines, and diesel-electric locomotives.
Chris Milton, CEO
A privately-held company, today Milton CAT is led by dealer principal and CEO Chris Milton, the third generation Milton to be at the helm of a Caterpillar dealership. Milton CAT now has 15 locations, spanning a six-state territory. The driving force behind the company is its 1,500 employees, many with 20, 30, or even 40 years of service at the company. Milton CAT still runs on the same philosophy that made the company successful in its early years – a focus on the needs of its customers, empowering employees, and a longstanding partnership with Caterpillar.
A Longstanding Relationship with UCANE
In 1984, Southworth Machinery, the Caterpillar Dealer in Massachusetts and Rhode Island at the time, became a member of UCANE. When JordanMilton joined with Southworth in 1991 to become Southworth-Milton, it brought together two companies with over 80 years of combined Caterpillar dealership experience. UCANE highlighted the partnership with a feature article in Construction Outlook magazine. Sales Manager Jeff Wales would become the company’s UCANE Representative for the next 23 years.
Since transitioning to Milton CAT in 2005, the company continues to build on a 41-year history with UCANE as one of the Association’s most ardent supporters and a true friend to the New England Construction Industry.
UCANE Congratulates Milton CAT on its new facility in Stoughton, we thank them for their 41 years of loyalty to UCANE, and we wish them continued success! n
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with UCANE’s Officers and Board Members
Will you please give us some information on your background and tell us how you got started in the construction industry?
I am a lifelong Massachusetts resident. I spent my childhood in Dudley, MA and throughout my 20s I moved around the Central MA area. In 2006 I moved to Charlton, where I currently reside with my wife and four teenage children.
After high school I was unsure of my career path. I held a handful of jobs in manufacturing and customer service before I landed as a construction laborer for a couple of years. That was when I discovered my passion for building and seeing the physical result of my day’s work. At the age of 21, I decided to embrace this path and pursue an education in Engineering and Construction Management at Worcester Polytechnic Institute.
Following my graduation in 2002, I began work as a Civil Engineer focused on Land Planning and Development at GPR, Inc. in Ayer, MA. The housing and commercial development market was booming at that time and GPR was structured in a manner that allowed their engineers to see a project from feasibility through construction oversite. This type of exposure was integral to learning all facets of construction and greatly supported my goal to become a licensed Professional Civil Engineer, which I acquired in 2007. In 2008 this market began to decline quickly, and I was coincidentally offered an Engineer position at Insituform. At that time, Insituform’s local office was in Charlton, M A and c overed the entire
Northeast, New York, and New Jersey. Insituform focused on public projects and specialty work, they had adequate backlog, and they anticipated no foreseeable decline to their market. So, with a growing family this was a perfect, close to home fit. Over the next 12 years I managed projects in the Northeast and was tasked with troublesome project assignments throughout the entire Mid-Atlantic Region from Ohio to Pennsylvania. I also grew in my role with Insituform from a Field Engineer to Senior Project Manager.
continued on page 45
UCANE Board Member Mark Szela Vice President and Northeast Regional Manager Insituform Technologies
Under the Hard Hat continued from page 43
In 2019 in pursuit of a new endeavor, I left Insituform and joined Commodore Builders as a Senior Project Manager in their Public/Municipal Construction Division. Commodore Builders is a Boston-based vertical construction management firm that focuses on client partnerships and is continuously named to the Boston Business Journal’s top places to work. During that time my team partnered with DCAMM on the interior/exterior renovation of a 75,000 SF State Mental and Addiction Hospital.
What is your current role at Insituform, and what are some of your daily responsibilities at the company?
In 2023, I returned to Insituform as the Vice President and Area Manager of the Northeast Region and New York. I currently oversee the teams responsible for all CIPP lining activities and services within the region. I help with client relationships and feasibility studies, as well as project execution and closeout. One of my main goals as Vice President is to recognize trending client needs and
identify solutions that Insituform currently offers, or the feasibility to build and innovate new solutions that fit the market.
Insituform has had a long presence in New England dating back to 1971. What type of work does Insituform perform, and in what regions do they seek work?
Insituform was founded as a cure-in-place pipe company that focused on a no-dig (trenchless) solution to rehabilitating municipal sanitary sewers and storm drains. Over the next five decades Insituform has grown to be an international company that has hundreds of trenchless client services including engineering, pipe cleaning and assessment, pressure pipe rehabilitation, directional drilling, slip-lining, and manhole rehabilitation. Our Charlton office concentrates on the Northeast Region and New York.
Insituform has experienced rapid growth in recent years and experienced some mergers and/or ownership changes. Will you please bring us up to
continued on page 46
Lawrence-Lynch Corp.
P.O. Box 913 • Falmouth, MA 02541
396 Gifford Street • Falmouth, MA 02540
PH 508-548-1800 • FX 508-457-1825
White Bros. – Lynch Corp.
P.O. Box 155 • Oak Bluffs, MA 02557 20 Vineyard Ave. • Oak Bluffs, MA 02557
PH 508-693-0845 • FX 509-693-0312
Visit our website @ www.lawrencelynch.com
date on the current hierarchy of the company and how the changes have affected Insituform and their operations?
In May 2021, Insituform’s parent company, Aegion, was purchased by a private equity firm c alled New Mountain Capital. Since the acquisition, Aegion has divested portions of the portfolio that do not directly support the mission to deliver sustainable, technology-driven water solutions for asset owners and communities around the globe. Aegion has also purchased numerous companies that do support this mission and in doing so has completely changed the landscape of the company, including in 2024 changing their name to Azuria. As I mentioned, we now offer hundreds of solutions that support client’s projects from feasibility, through engineering, and project execution.
It looks like Insituform and their services have a broad range of customers including private com -
John Hoadley and Sons
Water Works Specialist
Tel: 781-878-8098 Fax: 781-878-5298
� U.S. Pipe
mercial customers, industrial, educational, public works, federal, and even military applications. With such a broad view of the economy, which sectors do you see as leading the way in 2025 and 2026 for Insituform?
Public Works, state, and local municipalities continue to be the foundation of our customer base. The age of infrastructure in this part of the country, combined with population growth, drives a need for a cost and time effective solution to pipe condition and capacity. Insituform’s focus for 2025-2026 is innovation within the business platform. We maintain focus on increasing our arsenal of tools to help c lients identify issues and the best fit solution for both gravity, pressure, and potable water pipes.
What aspects of running a construction business today do you find most challenging to your company’s growth and bottom line?
Inc.
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• U.S. Pipe
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� Mueller Fire Hydrants ● National Pipe & Plastics � Mueller Tapping Sleeves & Valves ● ADS Pipe & Chambers
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I think in today’s market one of our greatest challenges is finding personnel. As Insituform continues to grow, we continuously need personnel to manage and execute projects. Finding the right people in this industry has always been a challenge.
• National Pipe & Plastics
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� Smith Blair Clamps & Couplings ● General Foundry Castings
Water Works Specialist Tel:781-878-8098 Fax:781-878-5298 “Water-Sewer-Drain Supplies at a Competitive Price” www.hoadleyandsons.com 672 Union Street Rockland, MA 02370 “Our Products Are the Most Trusted Names in the Industry”
• Smith Blair Clamps & Couplings
Mechanical Services
Mechanical Services
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� Tapping Sleeves & Gates Installed / Cut � Line Stop / EZ Valves � Cutting of Chilled Water Lines & Steam Lines
� Tapping Sleeves & Gates Installed / Cut
• Tapping Sleeves & Gates Installed / Cut
� Line Stop / EZ Valves
• Line Stop / EZ Valves
� Cutting of Chilled Water Lines & Steam Lines
• Cutting of Chilled Water Lines & Steam Lines
� Pressure Testing & Disinfection of New Mains
• Pressure Testing & Disinfection of New Mains
Pressure Testing & Disinfection of New Mains
Installation & Testing of Backflow Preventers Large Diameter Hydraulic Pipe Cutting
Hydrant Installation & Repair
• Installation & Testing of Backflow Preventers
� Installation & Testing of Backflow Preventers
• Large Diameter Hydraulic Pipe Cutting
Large
• Hydrant Installation & Repair
• Electronic Leak Detection
Electronic Leak Detection “Water-Sewer-Drain Supplies at a Competitive Price” www.hoadleyandsons.com 672 Union Street Rockland, MA 02370
Advertising for an available position that focuses on underground piping and possibly sewer work is not the sexiest of job listings. Additionally, as we continue to innovate and modernize our services, many roles transform quickly and sometimes perpetually. This takes the right employee mindset to handle these integrations and see the light at the end of the tunnel. As we navigate these challenges, we are fortunate to have many dedicated local employees on staff, and the support of our corporate infrastructure to help guide the team through this evolution. n
540 CMR 4.02, 4.10 – 4.13
Relative to Safety Equipment Required for Heavy Trucks Used on State Contracts
What does this regulation require?
Contractors with a state contract, entered into January 1, 2025 or after, must equip their trucks, class 3 or above and with a gross vehicle weight rating of 10,001 pounds or more (i.e. “heavy vehicles” under the regulations), with Lateral Protective Devices, Convex Mirrors, Cross Over Mirrors, and Back Up Cameras unless otherwise exempted.
Who is subject to this regulation?
A contractor, subcontractor, or vendor under a contract with the Commonwealth of Massachusetts, that was (a) executed by the parties on or after January 1, 2025, and requires, in writing or by necessary implication, that heavy vehicles be used in connection with the services to be provided by such contractor, subcontractor, or vendor. (See 540 CMR 4.02).
Does this regulation apply to contracts entered into before January 1, 2025?
No. These regulations do not apply to existing contracts that were entered into with the Commonwealth before January 1, 2025. (See 540 CMR 4.02 – Definition of Contractor Heavy Vehicle).
When will this regulation be enforced?
Starting December 31, 2025, the owner of a truck that is subject to these requirements, shall certify to the Registry of Motor Vehicles (RMV), in a manner prescribed by the Registrar (i.e. web portal; forms), that the motor vehicle is equipped with Lateral Protective Devices, Convex Mirrors, Cross Over Mirror(s), and Back Up Cameras. (See 540 CMR 4.11(1)).
Does this regulation apply to municipal contracts using state funds?
No. These regulations do not apply to municipal contracts that are funded with state funds. (See 540 CMR 4.10(7)(g))
Can I apply for a waiver if the required equipment will make my truck unsafe or simply can’t fit?
Yes. The new regulations include a waiver request process that allows for the contractor to appeal to the RMV for exemptions from all or part of the requirements. (See 540 CMR 4.12). The waiver request
continued on page 49
must be approved by the Awarding Authority before submission to the RMV. (See 540 CMR 4.11(3) and 540 CMR 4.12). Note, at the RMV’s discretion, waivers may be granted due to the design, operation or other safety considerations relating to the vehicle. (See 540 CMR 4.12). For a listing of vehicle types eligible for an initial waiver, please see: https://www.mass.gov/infodetails/truck-safety-devices. MassDOT is still creating an official process for waiving vehicle t ypes, but questions may be directed to: safertrucks@dot.state. ma.us.
FAQ’s continued from page 49 registration site, please visit: https://www.mass.gov/ info-details/truck-safety-devices-program. A contractor “user’s guide,” how to “bulk” upload information for trucks and other helpful documents can be found at: https://transportationservices.mass.gov/ trucksafetydevices?id=tsd_knowledge_home.
Is certain equipment prohibited from being used on a contractor’s truck in service of a state contract?
Yes. Bug deflectors, c hrome visors, and bull bars that reduce the ability of the vehicle operator to directly see vulnerable users in the vicinity of the vehicle or that increase fatality and serious injury risk to vulnerable users are prohibited under Mass. Gen. Law and these regulations. (See 540 CMR 4.10(2)).
What is the penalty for non-compliance?
An Awarding Authority that discovers any noncompliance with these regulations may: take any contractual remedies available pursuant to the agreement between the contractor and the contracting C ommonwealth agency or issue fines ($500 first offense / $1,000 second and subsequent offenses). (See 540 CMR 4.13). n
Patrick Di Cerbo CFP®, MSFS Wealth Management Advisor 518-281-8200 pat.dicerbo@nm.com www.patdicerbo.com
Michele L. Norton, AAI, CRIS Vice President, Account Executive-Construction HUB International New England, LLC
Insurance Requirements in Construction Contracts – What to Know
In the realm of business transactions, contracts serve as the backbone that define the legal and operational framework within which parties must operate. A critical component often embedded within these agreements is the insurance specifications. For any business, maybe especially in construction operations, it is imperative to meticulously review these specifications to verify that they are not only fair and comprehensive, but also precisely aligned with the operational needs and risk management strategies of the business. An effective examination enables businesses to avoid unnecessary financial outlays, secure ample protection, and mitigate the risk of overpayment for insurance services.
The Importance of Contract Review
Conducting a thorough contract review is critical to ensuring that the agreements serve the intended business purposes effectively and efficiently. The review process is essential for several reasons:
1. Risk Management: Contracts outline potential liabilities and necessary protections. Validating these through a careful review ensures adequate insurance coverage is secured to shield the business from potential financial liabilities.
2. Legal Compliance: Ensuring the contract complies with applicable laws and regulations is crucial. Non-compliance could lead to legal penalties and reputational damage.
3. Financial Protection: Reviewing contracts for hidden c osts and unfavorable terms prevents financial exploitation and loss. It ensures the business remains financially viable throughout the contract term.
4. Clarity and Understanding: A comprehensive review guarantees that all parties have a mutual understanding of their roles, rights, and respon -
sibilities, helping to avert misunderstandings and subsequent disputes.
Common Insurance Requirements in Construction Contracts
Construction c ontracts often entail specific insurance requirements due to the inherent risks associated with construction projects. These requirements generally include:
• Builders Risk Insurance: Provides coverage for buildings under construction. It often includes
continued on page 53
COMPONENT
protection against loss due to fire, theft, vandalism, and certain natural disasters. It can also cover “soft costs” like re-permitting and redesign. Coverage can be provided for ground-up new construction or renovations. In the case of renovations, it’s important to understand how coverage applies to existing structures. Under all cases “when coverage ends” should also be clearly defined.
• Commercial General Liability Insurance: Covers third-party injuries and property damage caused by construction-related activities. This insurance is crucial in addressing lawsuits and claims arising from ongoing and completed operations. The Aggregate limit should apply on a Per Project basis.
• Commercial Automobile Liability: Covers third-party bodily injury and property damage, plus legal defense costs, if you or your employee is involved in an at-fault accident, causing injury or damage to another’s property. Coverage should include rented (hired) and employee’s (non-owned) vehicles used for work.
• Workers’ Compensation & Employers’ Liability Insurance: A statutorily required coverage for medical expenses and lost wages for employees injured during the construction process.
• Umbrella/Excess Liability: An extra layer of liability limits typically over the General Liability, Automobile Liability, and Employers Liability, designed to provide additional limits when the cost of a suit exceeds the primary limits.
• Pollution Liability Insurance: Covers liability for damages caused by pollution-related events, which are of particular concern in construction projects dealing with hazardous materials. This exposure is typically excluded from General Liability policies. In addition to cleanup costs and bodily injury and property damage, this policy also covers legal expenses.
• Professional Liability Insurance: Also known as errors and omissions (E&O), this policy covers claims and the associated legal costs related to professional negligence, for design or engineering work and consultation.
In addition to the coverages referenced above, with the evolution of technology in the construction industry, many contracts have added requirements for Cyber Liability coverage. Construction ranks in the top 3 of business segments that experience cyber-related losses, so it’s important to understand the risks and vulnerabilities and to have a sound mitigation and response plan in place.
• Additional Insured: Granting the status of "Additional Insured" on an insurance policy emerges as a pivotal risk management mechanism, facilitating contractual risk transfer. By being named as an Additional Insured, a third party, such as an owner or general contractor, receives direct protection from the insurer, independent of the insured’s control over the policy’s execution. This ensures that indemnitees are shielded against claims emanating from the insured party’s operations, streamlining defense obligations, and safeguarding project finances. For stakeholders in complex construction hierarchies, this provision mitigates inadvertent exposure and establishes a statutory shield rooted in insurance law principles.
• Waivers of Subrogation: The inclusion of Waivers of Subrogation is instrumental in preventing insurers from pursuing recovery against other insureds or contractual parties after indemnity payments have been made. By waiving subrogation rights, parties foster an environment of mutual
indemnity, reducing the propensity for adversarial litigation and promoting a collaborative atmosphere. This clause is especially advantageous in integrated project delivery models where liability overlap is inevitable, and adversarial claims could threaten project continuity and relationships.
• Primary Non-Contributory Clauses: A Primary Non-Contributory clause stipulates that the policy of the primary party responds to claims ahead of, or independently from other applicable coverage. This delineation simplifies c laims processing and reduces disputes over contribution rights among multiple insurers. In the context of construction, such a clause guarantees that the primary insured’s c overage is the first line of defense, thereby protecting additional insureds from secondary liability exposure. This provision enhances contractual clarity and insulates parties from protracted coverage disputes.
• Indemnification Language: Robust indemnification c lauses underpin the c ontractual r isksharing framework by explicitly allocating liability for specific damages, losses, or liabilities. Well-drafted indemnity provisions serve to shield indemnitees from claims arising directly or incontinued on page 55
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directly out of a party’s performance, or failure thereof, by delineating responsibilities precisely. Beyond mere risk distribution, these clauses influence project procurement strategies and c ontractual negotiations, serving as key instruments in managing exposure to negligence, breach, or accident-related liabilities.
Strategies for Effective Review of Insurance Specifications in Contracts
• Create a Checklist: Develop a standardized, industry-specific c hecklist c overing key insurance elements like coverage types, limits, insured parties, additional insureds, waivers, and deadlines. This ensures consistency and comprehensive review, helping prevent overlooked details.
• Consult Experts Early: Engage legal and insurance professionals with expertise in your industry to clarify complex policies, ensure compliance, and provide strategic advice, especially during negotiation stages.
• Perform a Risk Analysis: Assess project-specific r isks and verify that the c overage and limits match those risks. This helps avoid over- or under-insurance, ensuring you have appropriate protection.
• Verify Coverage Adequacy: C onfirm all necessary policies, Builders Risk, Liability, Workers’ Compensation, Pollution, etc.—are included. Review limits and endorsements to ensure they meet industry standards and your company’s risk appetite.
• Define Insured Parties Clearly: Ensure your company and affiliates are properly listed and that relevant stakeholders (owners, lenders, architects) are named as additional insureds to extend protection and reduce liability.
Conclusion
A good contract review, especially when it comes to insurance details, needs a proactive approach based on experience, careful analysis, and smart negotiation. Using these methods will help you spot potential risks, get the right coverage, and set clear, manageable contract terms, protecting your business and building trustworthy partnerships.
By following these steps and staying vigilant throughout the review, your organization can better manage risks and make contracts clearer. Checking insurance provisions carefully is key to keeping your business financially stable and resilient. Using c hecklists, talking to industry experts, and doing thorough risk assessments can ensure your coverage matches your project needs. Paying attention to policy wording, insured parties, liability waivers, and renewal dates also helps reduce risks. Using modern tools and keeping good records makes the review smoother and supports better negotiations.
Overall, a careful and proactive approach to contract review helps your organization lower liabilities, stay compliant with laws, and build stronger business relationships, making it a vital part of long-term success in today's complex business environment. n
FFiona a ngelone
R ichaR d Mccou Rt M eMoR ial ScholaRShip
iona is the daughter of Sabrina and Marc Angelone of Methuen, MA. Marc is a partner for UCANE member firm Hinckley A llen LLP. Fiona attended Central Catholic High School and made Scholastic Honors all four years of high school. She is on the Executive Board of the Student Ambassador Program and the Theatre Guild, a member of the National Honor Society and the Student Alumni Association. Fiona is also in the Concert Choir, Liturgical Choir, and on the Varsity Gymnastics team. Outside of school she is in club gymnastics, Acting Out Theatre Company, Methuen Young People’s Theatre, and part of the Methuen Youth Soccer Association. She also is a Marist Mentor for children and crochets clothing for those in need along with volunteering at the Lazarus House, the Special Olympics, and the Nevins Memorial Library.
A member of Fiona’s English Department stated that she “is an intelligent, hardworking, involved, mature, and conscientious young woman who has thoroughly prepared herself for the college experience.” Fiona will be attending Merrimack College where she will double major in Psychology and Theatre. She plans on becoming a Clinical Psychologist.
Fiona was awarded the Richard McCourt Memorial Scholarship, established in honor of the late Richard McCourt, former President of McCourt Construction Company. Rich was widely regarded as one of the most respected contractors in the industry. While his company specialized in road and bridge projects, he was deeply c ommitted to supporting UCANE and advancing the utility c onstruction industry. His dedication was reflected in his active involvement with the Association, culminating in his receipt of UCANE’s highest honor—Contractor Member of the Year.
Ee lizabeth a ntenucci
tony and a nthony u M b Ro M eMoR ial ScholaRShip
lizabeth is the daughter of Natalia Lebedeva and Richard Antenucci of Westborough, M A. Natalia works for UCANE member firm G eoEngineers Inc. of Southborough, MA. Elizabeth attended Westborough High School where she has been part of the National Honor Society since 10th grade.
Elizabeth is a flutist, her high school’s Literary M agazine editor, a c ompetitive swimmer and serves on the Board of Directors for New England Swimming. Also, she is the Director of the Media Relations Department for the National STEM Honor Society, the Children’s section Programming Leader at the Westborough Public Library, a member of the National Safe Sport Committee for USA Swimming, and a Grant Writing Fellow. She is a three-time awardee off the Gold President’s Volunteer Service Award and she was awarded the distinction of the Inner View United Nations Ambassador Award, as a result of dedicating over 100 hours of service to the UN Global Goal #4.
A librarian she worked with stated that she has been “consistently impressed by the leadership, dedication, and kindness demonstrated in every aspect of volunteer work.“ Elizabeth will attend Northeastern University where she will major in Business Administration with a minor in English
Elizabeth was awarded the Tony and Anthony Umbro Memorial Scholarship, established through the generosity of the Umbro family in memory of Tony Umbro and his son, Anthony. Tony immigrated to the United States at the age of 17 and, in 1973, founded Umbro & Sons Construction Corp. with his wife, Georgette, who served as O ffice M anager. Their sons later joined the family business, with A nthony eventually becoming President and General Manager of the company. This scholarship honors their legacy and lasting contributions to the construction industry.
OWilliaM zoppo M eMoR ial ScholaRShip
livia Antenucci, daughter of Natalia Lebedeva and Richard Antenucci of Westborough, MA, is an exceptional student and scholar-athlete who recently graduated from Westborough High School. Her mother, Natalia, is an employee of UCANE member firm GeoEngineers, Inc. Olivia is a National Merit Commended Student, AP Scholar with Distinction, and a proud member of the National Honor Society. Throughout high school, Olivia was deeply engaged in both academic and extracurricular pursuits. She served as Class Treasurer, captain of the Math Team, and a varsity swimmer. A passionate writer, she contributed to the school’s literary magazine and has been active in peer tutoring and community service, including her work with the Birgen Project. She also serves as the MATHCOUNTS Northeast Massachusetts Chapter Coordinator.
A decorated math c ompetitor, O livia is a M athematical Association of A merica AIME qualifier, A MC 10 Honor Roll recipient, ranked 1st in the WOCOMAL Freshman Individual Division, and placed in the top 30 overall for 2025. She was a M athCON National Finals qualifier (top 5% nationally), M AML C ertificate of Ac hievement recipient, and a Johns Hopkins Center for Talented Youth High Honors Student since 2016. Her counselor noted, “Olivia is as well-rounded academically as possible and works diligently to balance her many academic demands.” Olivia will major in Computational Biology at Carnegie Mellon University.
This scholarship is generously funded by R. Zoppo Corp. in memory of William Zoppo, former President of R. Zoppo Corp. of Stoughton, MA. Mr. Zoppo was the recipient of UCANE’s highest honor, the Contractor Member of the Year Award. A second-generation UCANE member, Bill followed in the footsteps of his father, Rocco Zoppo, one of UCANE’s founding members. The family legacy continued with Bill’s son, David Zoppo, a third-generation member who served with distinction as UCANE President and as a longtime member of our Board of Directors.
Lo livia a ntenucci l een attia
ucane Futu R e l eadeRS ScholaRShip
een Attia, daughter of Sana Ali and Khaled Attia of Randolph, MA, is a graduate of Al-Noor Academy. Her mother, Sana, is employed by UCANE member firm J F W hite C ontracting C ompany. A driven and accomplished student, Leen has excelled academically while pursuing a wide range of leadership, service, and STEM initiatives. She served as Co-Editor and writer for the Lighthouse newspaper, a student council member, tutor, and teaching assistant. A Girl Scout of Eastern MA Board member and STEM Committee member, Leen earned her Silver Award for founding Bridges, a free all-girls web development camp and hackathon. She is the founder of Big Sister, an organization that fosters sisterhood among young girls. A black belt in both Tae Kwon Do and Krav Maga, she also coaches youth soccer and mentor’s younger students.
Leen is a research assistant in the Single Molecule Biophysics Lab at Bridgewater State University, a Kode with Klossy Instructor Assistant, and an entrepreneur—running her own handmade wire jewelry Etsy shop. Her numerous honors include National STEM Challenge Finalist, National Merit Commended Scholar, 1st place at the Harvard Innovation Challenge, and Congressional Recognition for Outstanding Leadership. Leen will attend MIT, where she plans to major in Computer Science or Engineering. A Girl Scouts senior director said of her, “Leen is a remarkable individual… for the vision and passion with which she pursues every endeavor.”
This scholarship is awarded by UCANE to a student who demonstrates outstanding leadership qualities and potential.
Aa M elia b hiS itkul
h eRM an
SnydeR M eMoR ial ScholaRShip
melia Bhisitkul is the daughter of Jacqueline and Thomas Bhisitkul of Southborough, MA. Thomas is a partner at UCANE member company Hinckley Allen LLP. She graduated from Algonquin Regional High School, where she has earned a place on the Principal’s List every year, maintaining an impressive A- average or higher throughout her academic career. A passionate and accomplished student, Amelia has been actively involved in a wide range of extracurricular activities, including Mu Alpha Theta, the Varsity Math Team, the Science National Honor Society, and WiSE (Women in Science and Engineering). She is also a committed athlete, participating in girls’ soccer a nd b oth i ndoor a nd o utdoor t rack. H er l ove o f l iterature i s r eflected i n h er involvement with the Page Turners book club.
Amelia’s academic excellence extends well beyond the classroom. She worked as a summer research assistant at the Desai Lab at Brown University and is a published co-author of a USF case study on retinal findings in Nail-Patella Syndrome. She is the founder of Gemma Drive, a charitable initiative honoring her late sister, and serves as blog manager for Build Girls, a youth-led organization promoting women in construction and engineering. She will attend Brown University where she will study Biomedical Engineering. Amelia’s counselor wrote of her, “This young woman is among the brightest students I’ve encountered in my career, with outstanding grades and a perfect SAT score. In all her endeavors, she set the pace for dedication and effort, and I am consistently impressed by her remarkable talent and modest demeanor.”
This scholarship was awarded in memory of Herman Snyder, founder of the prestigious construction law firm Hinckley A llen LLP. Hinckley A llen has been UCANE’s legal c ounsel for over 40 years and it is through their generosity that this scholarship is awarded.
CcoRR ine Foley
FR ank Mccou Rt M eMoR ial ScholaRShip
orrine Foley, daughter of Jeannine and Michael Foley of Tewksbury, MA, is a graduate of Shawsheen Valley Technical High School. Her father, Michael, is employed by UCANE member firm C N Wood C ompany, Inc. Corrine earned honor roll status all four years, achieving high honors her senior year, and was inducted into the National Honor Society for her academic excellence and leadership. A standout student-athlete, Corrine was captain of the varsity cross country team, varsity girls ice hockey team, and varsity track and fi eld team. Her involvement extended beyond athletics to include Student Council, SkillsUSA, and the Recycling Club. She also gained valuable hands-on experience working as a C ertified Nursing Assistant at Encompass Rehabilitation and as a swim instructor.
Corrine actively volunteers in her community through organizations such as Strongwater Farm and Tewksbury Learn to Skate. Her dedication and leadership have earned her numerous accolades, including the Ram Tough Coaches Award, Most Improved Runner, Unsung Hero, Leadership Award, Boston Bruins MIAA Sportsmanship Award, Hobey Baker Award, and recognition through SkillsUSA. Corrine will attend the University of New England to major in Applied Exercise Science with the goal of earning a Doctorate in Physical Therapy. Her Health Assisting instructor praised her as “articulate, reliable, and completely dedicated to her academic and technical studies.”
This scholarship is made possible through the generosity of the McCourt family, in memory of Frank McCourt, former Chairman of the John McCourt Company. Under his leadership, the company played a pivotal role in major infrastructure projects across Massachusetts, including work at Logan Airport, the Central Artery Project in Boston, the Callahan Tunnel, and the widening of Route 128.
b R idgette FR ancoeu R
RobeRt d eSanctiS M eMoR ial ScholaRShip
Bridgette Francoeur, daughter of Karen and Darryl Francoeur of Freeport, Maine, is a rising sophomore at the University of New Hampshire, where she is majoring in Acting and Directing with a minor in Animal Behavior. A dedicated and high-achieving student, Bridgette earned a 4.0 GPA during her freshman year and was named to the Dean’s List with highest honors. Her academic focus reflects a unique blend of artistic passion and scientific c uriosity, embodying both creativity and discipline. Bridgette is also an accomplished equestrian, with years of experience in showing, competing, and caring for horses. Her deep connection with animals and commitment to excellence in riding is matched by her strong work ethic. These qualities have helped her thrive both in the competitive arena and in her academic pursuits.
Her father, Darryl Francoeur, is an employee of UCANE member firm Skanska USA Civil, and her family’s support has played a vital role in her journey. Bridgette’s professor shared, “In my classes, Bridgette has shown the important qualities of humility, inquiry, resilience, and creativity. She is hungry to learn and brings a theatrical intelligence to her work that is clearly backed by the embodied knowledge she gained in her pre-college education and experience.”
This scholarship was awarded through the generosity of Adam DeSanctis in memory of his father Bob DeSanctis. Bob, who was President of the DeSanctis Insurance Agency (now Acrisure), joined UCANE in 1979, and over the years supported virtually every one of our programs.
Joseph D’Amico memoriA l schol A rship
zacha Ry gateS
Ronald pacella M eMoR ial ScholaRShip
Zachary is the son of Victoria and Christopher Gates of Mattapoisett, MA. Christopher works for UCANE member firm RJV C onstruction C orp. out of Westwood, MA. Zachary attended Old Rochester Regional High School in Mattapoisett where he is a member of the National Honor Society and is a Varsity Track Captain. He earned the Field MVP award and medaled at the state championship. He also received the Outstanding Thesis Award. Zachary volunteered at a local charity “Gifts to Give” and works part-time. Zachary enjoys weight lifting in his spare time and practicing his throwing for Track and Field.
Zachary’s High School Counselor stated that Zachary “has consistently distinguished himself as a strong student. He is an inquisitive learner, always seeking to deepen his understanding of complex topics, and his work ethic is exemplary. ...Zachary has demonstrated a commitment to academic excellence, leadership, and service.” Zachary will be attending Worcester Polytechnic Institute where he will major in Electrical and Computer Engineering.
This scholarship was established in memory of Ronald Pacella, who dedicated more than 50 years to the construction industry. Throughout his distinguished career, Ron served on our Board of Directors and held every e lected o ffice w ithin o ur o rganization. H e w as a t wo-term P resident o f U CANE a nd, i n 1991, served as President of the National Utility Contractors Association in Washington, D.C. In recognition of his outstanding contributions, Ron was honored with UCANE’s highest award—Contractor Member of the Year.
JRobeRt b . o u R M eMoR ial ScholaRShip
oshua is the son of Kristen and Brian Geer of Bridgewater, MA. Brian works for UCANE member firm C ore & M ain out of N orwood, M A. Joshua attended Bridgewater-Raynham Regional High School where he is a member of the National Honor Society and a Student Leader. Joshua is a Captain for Varsity Indoor and Outdoor Track & Field. He broke his high school record in the 5k and was named “Runner of the Year” by the Taunton Gazette. He was also named to the “SEC All Conference Team” and voted “SEC Most Valuable Player” for Cross Country. In addition, Joshua holds a part-time position at his local grocery store and as a summer custodian at his high school.
Joshua’s School Counselor stated that Joshua “has all the qualities of a leader you would expect and more. Motivated, respectful, and responsible, he will make the most of every experience.” “…his work ethic is impeccable, with no job beneath him. He truly impressed the staff with his self-discipline and motivation.” Joshua will attend Stonehill College and will focus on a career centered around sports.
This scholarship is generously funded by the Robert B. Our Company in memory of Robert B. Our, former President of the company based in Harwich, MA. The Our family has been a steadfast supporter of UCANE and, in particular, our scholarship program. In recognition of their ongoing commitment, the UCANE Board of Directors unanimously voted 13 years ago to name one of our scholarships in memory of Robert Our, Sr. Shortly thereafter, we received a heartfelt letter from his son John, stating: "My family could not think of a better way to honor our father's name and all he stood for, so the Our family is proud to begin funding this scholarship on an annual basis."
SSa M antha Mcclu R e
JoSeph d ’a M ico M eMoR ial ScholaRShip
amantha McClure, daughter of Denise and Jeffrey McClure of Georgetown, MA, is a graduate of Georgetown High School. Her father, Jeffrey, is employed by UCANE member firm Weston & Sampson Engineers, Inc. A dedicated and high-achieving student, Samantha earned high honors in 13 out of 15 quarters during her high school career. Samantha’s academic achievements include the Academic Excellence Awards in Honors Physics and Honors Biology, the Women in STEM Award, and the President’s Award for Outstanding Academic Excellence. She was inducted into the National Honor Society and served as Treasurer of the Class of 2025. Her extracurricular involvement was broad and impactful, including Model UN, DECA, Key Club, and Drama Crew.
An accomplished athlete, Samantha was captain of the varsity lacrosse team her senior year and a member of the varsity field hockey team. She also served as a peer mentor and volunteered at a local hospital and as a youth girls lacrosse referee, demonstrating a strong commitment to service and leadership. Samantha will attend Bates College, where she plans to major in Biology on a pre-med track and minor in Chemistry. Her Honors Physics teacher shared, “Samantha is a student of admirable character and aptitude… strongly motivated to work to her maximum ability.”
Samantha was awarded the Joseph D'Amico Memorial Scholarship, established in honor of Joe D'Amico— co-owner of J. D'Amico, Inc. alongside his brothers, Nino and Paul. Together, they were respected members of UCANE and the underground utility contracting community for over 40 years. Joe served on UCANE’s Board of Directors for more than 25 years and later led the Association as President. He was also the proud recipient of UCANE’s highest honor, the Contractor Member of the Year Award.
ca Roline pecoR a
phil JaSSet M eMoR ial ScholaRShip
Caroline is the daughter of Kristine and John (Jack) Pecora of North Reading, M A. J ack w orks f or U CANE m ember fi rm S PS N ew E ngland, Inc. out of Salisbury, MA. Caroline attends the University of Maryland where she is studying Multiplatform Journalism. At the University of Maryland, she is an Audience Engagement Editor and SEO editor. She is also an intern at the MDDC Press Association. Outside of School Caroline helps out with the Red Cross and freelances for a local news outlet in Maryland. She also loves to crochet, graphic design, and visiting museums. She recently won a scholarship recognition f rom t he A merican N ews Women’s C lub a nd i s a fi nalist i n t his year’s Education Writers Awards. Caroline hopes to modernize the local news industry.
Caroline’s Academic Advisor stated that “Caroline’s academic and professional success alone are enough t o i nspire c onfidence i n m e t hat s he w ill g o o n t o h ave a m eaningful a nd d edicated c areer, b ut h er character and integrity mark a student with potential for tremendous contribution to our democracy and the field of journalism.”
Caroline was awarded the Phil Jasset Memorial Scholarship, presented in memory of our dear friend Phil J asset—a l ongtime U CANE m ember, t rusted c olleague, a nd m entor t o n umerous o fficials a t b oth t he state a nd l ocal l evels. P hil w as w idely r egarded as t he u nofficial hi storian o f o ur i ndustry’s c onstruction programs and was considered the “go-to” expert by many agency leaders when questions arose regarding clean water laws and the funding mechanisms that support these critical initiatives.
l
ily SW edeRS kaS
a R nold b elli M eMoR ial ScholaRShip
Lily is the daughter of Beth and Adam Swederskas of Norwood, MA. Adam works f or U CANE m ember fi rm G ZA G eoEnvironmental, I nc. o ut o f N orwood, MA. Lily attended Norwood High School where she has made First Honors all four years of high school, and was awarded a Ten Outstanding Norwood Youth Award. She is a member of the National Honor Society, World Language Honor Society, President of the Book Club, member of the Global Citizenship Program, a Mustang Mentor and part of the Shakespearean Theatre. Lily is also a Tae Kwon Do Student, a competitive dancer, teaching assistant, musical theatre and dance captain, competitive singer and Orthodontic Assistant. She is also an avid reader.
A department chair at Norwood High School stated that Lily “possesses that rare combination of intellectual ability, curiosity about the world, and interpersonal skills that will make her an invaluable addition to whatever higher education she decides to pursue.” Lily will be attending Dickinson College where she will major in Psychology and minor in History, as she plans on becoming a child psychologist.
Lily was awarded the Arnold Belli Memorial Scholarship, established in memory of Arnold Belli, former President of A.R. Belli, Inc. of Newton, MA. Arnold was a passionate supporter of UCANE’s Scholarship Program, a commitment that continues today through his four daughters—Linda, Karen, Cindy, and Lisa—who proudly carry on their father’s legacy. Arnold was also honored with UCANE’s highest award, the Contractor Member of the Year, in recognition of his outstanding contributions to the industry and the Association.
Accident Analysis: How Near Misses Can Improve Overall Safety
In construction, we often brush off near misses, those close calls where no one gets hurt, but these incidents are important. They’re warnings that something could go wrong. If we pay attention to them, we can fix problems before they cause serious injuries. These near misses are not just lucky escapes; they are critical indicators of underlying vulnerabilities within workplace safety systems. By systematically analyzing near misses, organizations can proactively identify risks and implement corrective measures before minor incidents escalate into serious accidents. Near miss reporting is not just a recommendation—it is a proactive approach to enhancing safety and protecting lives.
Anear miss is defined as an unplanned event that did not result in injury, illness, or damage—but had the potential to do so. For every major accident, there are typically numerous near misses that precede it. This correlation highlights the importance of addressing near misses before they culminate in critical incidents. For example, a worker tripping over a loose cable without falling is a near miss. If left unaddressed, that same cable could eventually lead to a serious fall.
The U.S. Occupational Safety and Health Administration (OSHA) emphasizes that near misses should be seen as opportunities for improvement. Studies have shown that for every serious workplace injury, there are nearly 29 minor injuries, 300 near misses, and over 1,000 unsafe acts. These figures suggest t hat ad dressing n ear m isses e arly can drastically reduce the likelihood of serious accidents.
The construction sector in Massachusetts has increasingly embraced near miss reporting as part of its safety culture. Between 2022 and 2024, near miss reporting in Massachusetts construction sites increased by 35%, according to the Massachusetts Coalition for Occupational Safety and Health (MassCOSH). One notable example
involved a project in Boston where repeated reports of loose scaffolding triggered a site-wide inspection. Faulty scaffolding was identified and corrected before any accidents occurred, potentially saving lives.
In healthcare, near miss reporting has proven vital in preventing workplace violence. At Massachusetts General Hospital, a near miss reporting system identified multiple instances where staff were nearly harmed during patient interactions. By analyzing these reports, the hospital introduced c onflict deescalation training and increased security measures, leading to a 15% reduction in violent incidents over the past year.
continued on page 65
The Biggest, Baddest Ditch Witch Hydrovac to ever hit the wild ...
Introducing the most powerful Ditch Witch truck vac to ever hit the open road — the Warlock Series W12. With a 2,800 PSI water system, 12 cubic yard debris tank capacity, and a 5,000 CFM, 27″ Hg vac system, this beast-of-a-machine easily devours jobs of all shapes and sizes.
Statistics on Near Misses vs. Accidents
Research shows that the ratio of near misses to accidents varies by industry:
• Construction: Approximately 300 near misses for every major accident.
• Manufacturing: Around 600 near misses for every reportable incident.
• Transportation: Near misses outnumber accidents by a ratio of nearly 500 to 1.
According to a 2025 report from the National Safety Council (NSC), organizations that systematically address near misses saw a 23% reduction in major accidents over a three-year period. The analysis further revealed that 78% of serious accidents were preceded by one or more near misses that went unreported or unaddressed.
The most common causes of near misses include:
• Human Error: Inadequate training, lapses in attention, or miscommunication.
• Equipment Malfunction: Poor maintenance or design flaws.
Organizations that encourage near-miss reporting cultivate a culture of transparency and continuous improvement. Case studies show that companies implementing these programs have seen:
• 25% reduction in serious accidents within two years.
• Increased employee participation in safety initiatives.
• Reduced stigma around reporting mistakes, leading to more open communication.
Proactive near-miss reporting translates to significant c ost savings. Addressing hazards before they
continued on page 66
DigSafe.com or Call 811 Before You Dig
It’s smart. It’s free. It’s the law.
Follow these steps for a safe excavation:
• Pre-mark the location of intended excavation using white stakes, paint or flags.
• In MA, ME, NH, RI and VT, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.
• Notify non-member facility owners.
• Maintain the marks placed by underground facility owners.
• Use caution and dig by hand when working within 18” of a marked facility.
• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.
• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.
• Know your state’s excavation requirements.
• Go to digsafe.com for educational material and current laws.
Safety Corner continued from page 65
esc alate prevents:
• Expensive medical costs and legal fees.
• Downtime and lost productivity.
• Higher insurance premiums.
Insurance providers increasingly offer lower premiums to organizations with effective near-miss reporting programs, recognizing the correlation with reduced claim rates.
Effective training programs are essential for recognizing and reporting near misses. Leading companies have implemented scenario-based training for employees to participate in mock drills to identify potential hazards and interactive workshops where workers are educated on proper reporting mechanisms and preventive measures. These programs have led to significant drops in workplace incidents and a more informed workforce.
Root cause analysis enables organizations to identify the fundamental issues that lead to near misses. By understanding these causes, preventive measures can be implemented to mitigate risks and prevent future incidents. Using AI and real-time data analysis, companies can identify risks faster and more accurately than traditional methods. Leveraging predictive analytics, companies are identifying
trends in near-miss data to prevent accidents.
Machine Learning Models have been used to predict high-risk activities based on historical data. This data-driven approach allows companies to adjust risk assessments dynamically, creating a safer environment for workers.
Accident analysis is the process of examining near misses to identify root causes and implement preventative measures. Key steps in effective accident analysis include:
• Data Collection: Documenting near misses as thoroughly as actual incidents. Details such as time, location, environmental conditions, and worker activities should be included.
• Root Cause Identification: Determining underlying factors that contributed to the near miss, such as equipment malfunction, environmental hazards, or human error.
• Implementation of Corrective Actions: Applying c hanges based on findings, such as revising safety protocols, repairing equipment, or enhancing worker training.
• Continuous Monitoring: Regularly revisiting safety measures to ensure that implemented changes are effective.
continued on page 67
To effectively leverage near miss reporting for accident analysis, organizations must:
• Foster a Blame-Free Environment: Encourage workers to report near misses without fear of punishment.
• Streamline Reporting Mechanisms: Utilize mobile apps, online forms, and real-time reporting platforms for ease of use.
• Educate the Workforce: Train employees to recognize near misses and understand the importance of reporting.
• Reward Proactive Reporting: Acknowledge those who report near misses as contributing to workplace safety.
Near misses should not be ignored, they are vital warning signs that can prevent future accidents. Through detailed accident analysis, organizations can transform near misses into learning opportunities, strengthening safety protocols, and better safeguard their workers. The data shows, investing in near miss reporting systems is not just about compliance and saving money, it’s about creating safer, more resilient workplaces for all. n
for Owners of Trucks > 10,000 lbs. GVW
AND THE Massachusetts Registry of Motor Vehicles (RMV) ANNOUNCEMENT
Truck Safety Devices Program is in Effect
The Massachusetts Legislature and MassDOT have taken steps to make roadways safer across the Commonwealth by requiring trucks weighing more than 10,000 GVW that are doing business with MassDOT, or any other state agency, to be equipped with specific safety devices. These devices will help prevent crashes and save lives.
1. Lateral Protective Devices (Side Guards)
2. Convex Mirrors
3. Cross Over Mirrors
4. Backup Cameras
Truck Owners are encouraged to review Chapter 358 of the Acts of 2022 and RMV Regulations 540CMR- Section 4.10 for authorization and details.
The Online Portal is open for contractors and vendors to register as a business partner with MassDOT and to self–certify that all applicable vehicles being used on contracts with MassDOT or any other state agency are in compliance with the truck safety devices program. Waiver requests can be made to the RMV on the website through the portal.
Go To MassDOT - Registry of Motor Vehicles -Truck Safety Devices to register or to get more specific information https://www.mass.gov/info-details/truck-safety-devices-program
DEADLINES
January 1, 2025: All contractors/vendors entering into State Contracts after this date shall comply January 1, 2026: Enforcement will begin. Fines and other penalties will apply
Jacobs-McCourt Lands $99M
MassDOT Project
Massachusetts’
First Diverging Diamond Interchange Awarded via Best Value Design-Build Procurement Method
Award: Bridge Replacement and Interchange Improvements
Value: $99.2 Million
Location: Natick, Massachusetts
Client: Massachusetts DOT
Preliminary utility work has begun in the Boston suburb of Natick, Massachusetts, ahead of a major infrastructure reconstruction on the state’s first diverging diamond interchange. Jacobs, along with Boston-based McCourt Construction Co., landed a contract with MassDOT to design the new interchange at Routes 27 and 9 west of Boston.
Valued at $99.2 million, according to the MassDOT, the project will replace the structurally deficient Route 27 b ridge over Route 9 w ith t wo single-span bridges and a dedicated shared-use path bridge for pedestrians and cyclists. The redesigned interchange w ill improve t raffic fl ow and
reduce collisions.
Dallas-based Jacobs, along with designbuild partner McCourt Construction Co., will also add new accessible bike and pedestrian facilities throughout the interchange. The project area stretches North along Route 27 to Rutledge Road and south to Bacon Street. About 3,600 feet of Route 9 will undergo drainage upgrades and median barrier replacement, according to the MassDOT.
The project team plans to use Jacobs’ StreetLight mobility analytics platform to monitor traffic patterns and minimize disruptions during construc -
continued on page 70
MassDOT Project continued from page 69
tion. The cloud-based platform uses data from connected devices to analyze movements in real time, according to Jacobs. That provides builders with on-demand insights on traffic and overall safety needs. Data from StreetLight will also help guide the placement of shared-use paths that connect to nearby schools, transit, and major employers.
Diverging diamond interchanges improve safety by eliminating left turns across oncoming traffic, reducing vehicle-to-vehicle accidents by up to 50%.
“The Natick Bridge replacement, a first-of-its-kind interchange in Massachusetts, exemplifies how infrastructure and data solutions together deliver lasting societal benefits,” said Katus Watson, executive vice president at Jacobs, in the release. “Using insights from our StreetLight platform, we’ll keep traffic moving while delivering an innovative interchange design that improves safety and strengthens community connectivity.”
The project completion date is expected to be mid-2030, according to the joint venture.
Written by Sabastian Orlando. Reprinted from Construction Dive. n
Of note from the MassDOT website:
Design-build contracts are procured using a Base Technical Concept (BTC) and a request for proposals that details performance requirements. The designbuild team’s proposal must meet or exceed the Base Technical Concept. In August 2024, MassDOT awarded the best-value design-build contract to McCourt Construction Co.x- and Jacobs Engineering.
McCourt-Jacobs, in partnership with MassDOT, will work together through the remaining phases of the project, which include final design and construction. This delivery method also enables the contractor to begin early construction on some items while final design is still underway. MassDOT is utilizing designbuild more frequently because it promotes innovation, reduces the owner’s project risk, and expedites project delivery.
Visit MWRA's Free Drinking Water Fountain at Events this Spring Through Fall
Keep an eye out for the "FREE, COLD WATER" sign on MWRA's roving water fountain this summer and fall - it is the perfect addition to any community event. The fountain is available free of charge to reserve, providing chilled drinking water to public event-goers in Boston and other MWRA service communities.
MWRA's water comes from the pristine and protected Quabbin and Wachusett Reservoirs in Central Massachusetts.
MWRA’s award-winning drinking water is treated according to strict state and federal standards and tested every step of the way.
• During the 2024 season the fountains attended over 150 events!
• Each fountain has a 3 00-gallon t ank filled with Quabbin water.
• That's enough to fill 2,400 16 ounce water bottles!
• Multiple stainless-steel fountain-heads provide instant usage, as well as spigots to quickly fill up water bottles.
• Special ADA accessibility sections on both sides are also available.
About MWRA’s Water Fountain
Just bring your own bottle or cup and fill it at the fountain or try drinking from one of the old-fashioned bubblers. Either way, the water is fresh, local and safe - the fountain's built-in coolers keep the water cold even on the hottest New England days. Plus, you don't have to spend extra money on bottled water or worry about throwing away an empty container!
We even have water bowls for any accompanying furry friends.
Our fountain is a mobile water station designed to bring clean, cool potable water to our communities while promoting sustainability!
This year, the fountain will be at a wide variety of events, including fun runs, farmer’s markets, fairs, festivals, town days, charity events, and other community celebrations.
MWRA makes every effort to accommodate and honor scheduled events but our ability to bring the fountain to events is ultimately based on staff availability, and can be affected by unforeseen circumstances such as emergencies, weather, etc.
• The fountain was purchased in 2017 and participated in about 40 events that year.
• The fountains are maintained and cared for by MWRA staff, who are often on site to answer any questions.
• If you are planning a public event within the MWRA service area and would like to book our free fountain, please e-mail waterfountain@ mwra.com or contact Tori MacMullin, (617) 7881171 for more information. n
• Due to its popularity, a second fountain was purchased in 2020.
The crews that deliver our fountain are also the folks that keep the MWRA water system running and respond to emergencies. We appreciate the understanding and encourage any questions or concerns be directed to waterfountain@mwra.com.
About MWRA’s Water Fountain
• During the 2024 season the fountains attended over 150 events!
Our fountain is a mobile water station designed to bring clean, cool potable water to our communities while promoting sustainability!
• The fountain was purchased in 2017 and participated in about 40 events that year.
• Each fountain has a 300-gallon tank filled with Quabbin water.
• Due to its popularity, a second fountain was purchased in 2020.
• That's enough to fill 2,400 16 oz. water bottles!
• Multiple stainless-steel fountain-heads
Blair Chenault, Trimble
Why Contractors Leverage Technology to Streamline Payment and Compliance Workflows
Lean budgets, tight profit margins, and increased competition have contractors turning to technology solutions to create efficiencies, integrate workflows and decrease operating costs. Modern construction payment software, which can help speed up payment processing, eliminate errors, and cut manual efforts by streamlining the flow of payment and compliance information between construction general contractors and subcontractors, is a great example.
In this article, we t ake a c loser look into the benefits of this technology, and see how Cooper Construction leveraged it to c reate process efficiencies and grow profit margins.
Construction payment software provides reliable and fast electronic management of payments and lien waivers, eliminating the back-and-forth phone calls and emails that many contractors use to collect payments or show that construction parties have been fully paid. Now instead of tracking information down manually, automated processes can do everything from notifying subcontractors that their insurance has expired, to ensuring that the invoice amount matches the work completed.
For example, a utility contractor that pays multiple subcontractors for services – such as drilling and blasting, environmental remediation, work zone safety management and traffic c ontrol – c an have a daunting and time-consuming payment process. From collecting payment applications through email, to tracking down lien waivers and replacing expired Certificates of Insurance (COIs), the process c onsumes labor hours and can be prone to errors. A digi -
tal solution saves the contractor valuable time that could instead be spent reviewing project metrics to spot and address issues in a timely manner, and also to take on more projects without expanding backoffice st aff.
Subcontractors also benefit from a c entralized, online portal that makes uploading, updating and viewing the status of documents easier and more accurate. Similarly, utility c ontractors c ould benefit from these capabilities when they work in a subcontrac -
continued on page 75
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tor capacity, and the potential for faster payment is a strong advantage.
How it Works
Construction payment software allows contractors to assign subcontracts to subsidiaries, selfperformed groups or separate divisions within their company so that billings are accurately submitted and fl ow seamlessly back into the c ontractor’s ERP system. This ensures that each entity is paid the correct amount, along with all the external subcontractors that are being used on the job.
The software also automatically tracks compliance information for first tier and lower tier subcontractors. For example, instead of searching through binders or spreadsheets for COIs, the technology can send automated notifications to subcontractors upon insurance expiration, so they can be updated in a timelier manner.
Having updated insurance information on file is also c ritical to r isk prevention (legal and financial) in the event of an audit or safety incident on the jobsite. Contractors typically experience a fast ROI with payment technology, with benefits including:
• Faster payment of subcontractors – much quicker and safer than paper checks;
• Reduced risk of payment fraud, business email compromise and c ash fl ow delays – all leading forms of fraud;
• Reduced risk for missing or inaccurate lien waivers and compliance documents;
• Automated workflows that save valuable time and resources;
• Increased visibility for accounting operations to enable better decision-making;
• Closing out monthly books on time, and with greater profits;
• Standardized process across the entire project team;
• Stronger relationships with subcontractors, due to in -
creased transparency and collaboration.
Here is a c loser look into the benefits of this technology and how a contractor leveraged it to create process efficiencies and grow profit margins.
Cooper Construction Streamlines Processes
Cooper Construction is an Alabama-based company that – like many contractors – faced challenges in managing its subcontractor pay application, lien waivers and compliance requirements. The company relied on a manual spreadsheet-based process that was prone to errors and lacked controls, leading to significant time spent resolving these issues.
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Technology in Const. continued from page 75
In addition to the operational challenges, Cooper Construction was also looking for a way to effectively collaborate between its accounting team, project managers, and subcontractors. The siloed nature of project billing via email made it difficult for c ompany leaders to gain meaningful insight into performance to make informed decisions. These challenges hindered the company’s growth and negatively affected profit margins.
“In order to keep up in this industry, you have to be as lean and competitive as possible,” said Lee Strickland, CFO of Cooper Construction. Strickland said the company leveraged payment technology because, “we couldn’t afford the manual processes with pay applications, lien waivers, and compliance documents anymore.”
Cooper Construction implemented construction technology software to streamline approvals, eliminate subcontractor calculation errors, simplify lien waiver collection and restructure compliance tracking. With the help of the software, Cooper Construction has eliminated errors and missing paperwork, reduc -
Further, the accelerated processing has enabled the team to close out monthly costs faster and recognize subcontracted costs earlier in the month, and faster processing has enabled the contractor to pay subcontractors faster.
Construction payment, compliance, and lien waiver technology reduces errors and disputes, enhances transparency, and contributes to more seamless processes overall. As a result, contractors not only c reate efficiencies within their business, but they also build trust, encourage collaboration, and support long-term partnerships with their clients.
Blair Chenault is category director of payments at
Insuring Contractors for Over 50 Years
Falmouth Said 'YeS'
to a
$60 million Sewer Project. who'S GoinG to PaY For it ?
FALMOUTH — A $60 million sewer project aimed at improving water quality in the Great Pond area — one of the town's most polluted water bodies — got the green light at Monday's annual town meeting.
maraviSta and teaticket Path
Sewer Plan ok'd
Following some debate, town meeting members voted 174-18 to pursue the Great Pond Phase 1 sewer project, which is slated to go out to bid this summer and begin in the fall.
The $60 million will pay for engineering, design and construction, including the sewer lines, the pump stations, and the force main to transport sewage to the town’s main treatment facility, as well as rehabilitation of the town’s existing northernmost open sand beds for treated wastewater discharge.
The plan calls for 70% of the cost to be covered by betterments, with the town paying the remaining 30%. An amendment proposed on the town m eeting fl oor s ought t o s witch t he d istribution, so the town would cover 70% of the cost, instead. T he i dea w as r ejected, h owever, as o fficials pointed out previous sewer projects went forward with the same distribution.
Wastewater Superintendent Amy Lowell said the town expects to qualify for a 0% state revolving fund loan for $55.68 million, in addition to a potential principal forgiveness of 25% from the Cape and Island Water Protection Fund. The intent is to pay for the project with no increase in the property tax levy.
cels with 820 "sewer equivalent units" or single family homes. The betterment would be about $27,000$40,000 per single family, paid over 30 years at 0% interest. This would equate to about $900-$1,333 annually. The betterment range depends on whether the town receives the 25% loan forgiveness.
At upcoming meetings, the Select Board will discuss how SEUs will be assigned to types of properties and which project costs will be applicable to the betterment, as well as the final betterment c osts per SEU.
Lowell said Great Pond "is severely degraded" by nitrogen loading from septic systems in the densely
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Spotlight on Cape Cod continued from page 77
developed area. While she said the town is looking at including alternatives, like urine diversion, in its wastewater management plans, "sewering is the only way to remove 100% of nitrogen from the densely developed areas."
The town began designing and permitting the Great Pond Phase 1 sewer project in 2024, paid for with money approved at the fall 2023 town meeting. Construction is expected to conclude in the fall 2027, when sewer connections would begin.
urine d iverSion ProGram alSo conSidered
In action related to long-term wastewater management, town meeting members also approved $48,750 to study the costs of installing urine diversion fi xtures in 5 0 homes as a pilot program to assess the effectiveness of urine diversion on reducing the amount of nitrogen and phosphorus entering town waters.
Most agreed it would make sense to give it a try, especially considering the small amount of funding compared to the $60 million just spent on a sewer project.
We're supposed to be a scientific c ommunity," said town meeting member Marc Finneran, representing precinct 2, in arguing for the expenditure, noting "the journey of 1,000 miles begins with a small step."
"I just think it would be foolish if we didn't give this a shot," he said.
The body, however, rejected a second request for $94,320 to conduct a one-year urine diversion study using portable unisex urinal features and storage containers at 30 homes.
Written by Heather McCarron. Reprinted from the Cape Cod Times. n
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